Re Romaguera de Mouza

Número de expedienteCase No. 84
Fecha23 Julio 1952
EmisorCorte Federal (Venezuela)
Venezuela, Federal and Cassation Court.
Case No. 84
In re Romaguera de Mouza.

Extradition — Conditions of — Time of Offence and Time of Request — The Law of Venezuela.

The Facts.—Spain sought the extradition of Antonio Romageura de Mouza, alias Juan Monzo Ortiz, on a charge of larceny. Spain and Venezuela were bound by an Extradition Treaty of January 22, 1894. Romaguera pleaded in his defence that his real name was Monzo, that he was a Venezuelan national and therefore not liable to extradition, that the Treaty did not provide for extradition on a general charge of larceny, that the alleged offence had a political character because it took place in 1939 during the Spanish Civil War, and that the charge was void by reason of lapse of time.

Held: that the extradition request must be refused. The Court found on examination of Article III of the Treaty and pertinent provisions of the Penal Code that extradition could not be...

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